CUMULATIVE CON LAW - CHANDLER

Constitution - Article Summary

Article I - Establishes Legislative Branch

Article II - Establishes Executive Branch

Article III - Establishes Judicial Branch

Article IV - State Relations

Article V - The Amendment Process

Article VI - The Supremacy Clause & Oaths

Article VII - Ratification

Article I, Section 10 - Bills of Attainder

"No State shall... pass any... pass any Bill of Attainder"

Article I, Section 10 - Contracts Clause

"No State shall... pass any... Law impairing the Obligation of Contracts"

Article I, Section 10 - Ex Post Facto Clause

"No State shall... pass any... ex post facto Law"

Article I, Section 10 - Restrictions on States

Prohibits States from entering treaties, passing ex post facto laws, bills of attainder, or laws impairing the obligation of contracts.

Article I, Section 8, Clause 18 - Necessary and Proper Clause

"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

McCulloch v. Maryland (1819) - interpreted "necessary and proper" broadly as "convenient" or "useful"

Article I, Section 8, Clause 3 - Commerce Clause

"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

Article I, Section 8, Clause 5 - Coinage Clause

Grants Congress the power to coin money and regulate its value.

Article I, Section 9 - Bill of Attainder & Ex Post Facto Laws Prohibition

Prohibits Congress from passing bill of attainder laws (that punish individuals without a trial) or ex post facto laws (retroactively criminalize actions).

Article IV, Section 1 - Full Faith and Credit Clause

Requires states to recognize the public acts, records, and judicial proceedings of other states.

Article IV, Section 2, Clause 1 - Privileges and Immunities Clause

Prevents states from unfairly and unreasonably discriminating against citizens of other states, especially on an economically protectionist basis.

Article VI, Clause 2 - Supremacy Clause

Federal Law Primacy - Establishes that the Constitution, federal laws, and treaties are the supreme law of the land, overriding state laws.

""This Constitution, and the Laws of the US . . . shall be the supreme Law of the Land."

1st Amendment (1791)

Freedom of Religion, Speech, of the Press, Assembly, and Petition

2nd Amendment (1791)

Protects the people's right to bear arms

3rd Amendment (1791)

No soldier can be quartered in a home without the permission of the owner (Not yet Incorporated)

4th Amendment (1791)

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause

5th Amendment (1791)

Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy, just compensation for takings (Partially Incorporated - Indictment by Grand Jury Not Incorporated)

6th Amendment (1791)

The right to a fair and speedy trial by a jury of one's peers, to have witnesses and to give a defense (Partially Incorporated - vicinage not yet incorporated)

7th Amendment (1791)

The right to a trial by jury in civil cases for amounts of $20 or more (Not Incorporated)

8th Amendment (1791)

Prohibits excessive bail, excessive fines, and cruel and unusual punishments (Partially Incorporated - excessive bail not yet incorporated)

9th Amendment (1791)

The Constitution's enumeration of certain rights shall not be construed to deny or disparage others retained by the people.

• protects unenumerated rights from government interference

10th Amendment (1791)

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

11th Amendment (1795)

Determines when and if a state can be sued; states cannot be sued by people from other states or by foreigners

• Federal judicial power does not extend between a state AND a citizen of another state

• State can be a P, NOT A D, of a suit by a citizen of another state, unless consent

  • Hans v. Louisiana → extends to citizen suing their own state

12th Amendment (1804)

The Electoral College must vote for the President and the Vice President separately

13th Amendment (1865)

Abolished slavery and involuntary servitude

14th Amendment (1868)

Makes anyone born on US soil a citizen and guarantees equal protection under the law

15th Amendment (1870)

Gave all men the right to vote regardless of race or color or whether they had been slaves

16th Amendment (1913)

Created an income tax and gave the Federal government the power to collect it

17th Amendment (1913)

Creates the direct election by the people of Senators

18th Amendment (1919)

Prohibition of the drinking, manufacture, and sale of alcohol

19th Amendment (1920)

Gave women the right to vote

20th Amendment (1933)

Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration)

21st Amendment (1933)

Repealed the 18th amendment (prohibition)

22nd Amendment (1951)

Limits the president to two terms in office (or 10 years)

23rd Amendment (1961)

Gave Washington, D.C. representatives in the electoral college so that citizens of D.C. could participate in the electoral process, even though it is not an official state

24th Amendment (1964)

Prohibited the poll tax

25th Amendment (1967)

Explains what happens when the President dies or is unable to continue in office (Succession)

26th Amendment (1971)

Sets the national voting age at 18, cannot be set any higher,

27th Amendment (1992)

Any changes in Congressional salaries will take place after the next term starts

5th Amendment - Due Process Clause

Limit federal government's powers - "No person shall . . . be deprived of life, liberty, or property, without due process of law."

5th Amendment - Takings Clause

"nor shall private property be taken for public use, without just compensation." Barron v. Baltimore: Limits Federal Government takings, not State Governments."

13th Amendment (1865) - Summary

Section 1: Abolish Slavery and Involuntary Servitude in US Jurisdiction.

Section 2: Power to Enforce

14th Amendment (1868) - Due Process Clause

Limited the states' powers - No State shall . . . deprive any person of life, liberty, or property, without due process of law.

14th Amendment (1868) - Main Purpose

to get rid of slavery and the consequences of slavery

14th Amendment (1868), Section 1 - Birthright Citizenship

"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

14th Amendment (1868), Section 1 - Due Process

"nor shall any State deprive any person of life, liberty, or property, without due process of law;"

14th Amendment (1868), Section 1 - Equal Protection Clause

"...nor [shall any State] deny to any person within its jurisdiction the equal protection of the laws."

14th Amendment (1868), Section 1 - Privileges and Immunities

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;"

14th Amendment (1868) - Summary

Section 1: Birthright Citizenship; Privileges and Immunities; Due Process; Equal Protection

Section 2: Representation

Section 3: No office holders who engaged in insurrection

Section 4: Slavery/Rebellion Debts void

Section 5: Power to enforce

Article I, Section 8, Clause 1 - Taxing Power

Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

Article II, Section 4 - Impeachment

"The President, Vice President and all civil Officers of the US, shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and

Misdemeanors."

Article II, Section 2 - Appointments Clause

He shall have Power... and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States...

Article II, Section 2 - Treaties

"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;"

Article II, Section 2, Cl. 3 - Recess Appointments Clause

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Article III

1. Establishes judicial branch → Supreme Court AND federal courts

2. Jurisdiction over cases in Constitution, laws, treaties, ambassadors, maritime, state disputes, and cases between different states

   • OG jurisdiction involves ambassadors, public ministers, state as a party, etc.

   • Appellate jurisdiction

3. Treason = waging war against US or aiding enemies

   1. Sets punishment

What constitutional things apply to Federal Gov?

• Built-ins 

  • Religious tests for office

  • Bills of attainder*

  • Habeas suspension**

  • Titles of nobility (Can’t be granted)

• Bill of rights

  • Substantive Due Process

  • Procedural Due Process

  • Equal Protection (Bolling)

What constitutional things apply to state governments?

• Built-ins (Art I. Sec. 10)

  • Bills of attainder

  • Ex post facto laws***

  • Laws Impairing contracts

  • Titles of nobility (Can’t be granted)

• 13^th

• 15^th 

• PI-IV (state citizenship discrim) 

• PI-XIV (Crandall)

• SDP

• PDP

• EP 

• Scattered amendments 

  • (e.g. poll taxes)

What constitutional things apply to individuals?

• 13^th amendment applies to individuals 

• Contracts clause probably can apply to individuals in extreme cases 

• When they are a state actor

Bill of Attainder

An act of a legislature declaring a person, or a group of persons, guilty of some crime, and punishing them, often without a trial

Ex Post Facto Law

A law that changes the legal status or consequences of an action after it has already been done, ESPECIALLY a law that makes an action illegal after it has been committed

Declaration of Independence (1776)

• Alienable rights of life, liberty, pursuit of happiness; all men are created equal

• Government comes from consent of the governed – Radical idea

• King George’s Abuses (long list)

• Last Passage: United States of America

  • No capital u. not quite a nation

  • Free and independent states

Articles of Confederation

• Think of it like the UN or NATO. 

  • States are not restricted by rights/freedoms

• Established by the 13 states as represented by delegates

  • Chosen by state legislatures

• Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled. 

• 1 state, 1 vote

• Full sovereignty retained by the states except expressly delegated

• No president or judiciary

• Need 9 states to agree before US could borrow money or appoint a Commander in Chief of Army.

• Need unanimous vote to pass Amendments

Constitutional Convention (1787)

• Virginia v. NJ Plans

  • Virginia: bicarmel legislature (pop-based)

  • NJ: Unicameral legislature (equal state rep.)

• Great Compromise: bicameral Congress

  • House: population

  • Senate: 2 per state

• Federalists v. Anti-federalists → demanded BOR

  • Federalists: strong central gov

  • Anti-federalists: states’ rights

Federalist Papers

• Alexander Hamilton, James Madison, John Jay

  • Advocates for making executive branch

• Support adding BOR as sweetener to grain support

• Proposed fed. judiciary with judges appointed by President, jurisdiction over fed. law and diversity juris.

• Addressing slavery by allowing rep based on pop. AND permitting importation of slaves until 1808

• Federalist 10: factions

• Federalist 78: judiciary

Federalist 51

Tyranny is prevented through…

• Separation of powers → 1) fed gov. 2) checks + balances

• Federalism → powerful state gov can challenge and balance fed gov.

Constitution

• Problems the Constitution was trying to solve:

  • Paying for military

  • States not sending in taxes

  • Lack of authority to enforce laws

  • States imposing tariffs on states

  • Equality of power between big and small states

  • AoC wasn’t properly ratified

  • States acted too individually

  • No judiciary

• Established fed. jud. and executive branch

• Introduced federal taxation

• BOR = first 10 amendments + protects individual liberties

• Slavery provisions (3/5 compromise, trade until 1808)

Judicial Review

SCOTUS has the authority to review laws and legislative acts to determine whether they comply with the constitution

Political Question Doctrine - Discretionary Powers

Not even courts can step on executive power when the subject is political and NOT about individual rights

Political Question Doctrine - Non - Discretionary Powers

Duty is assigned by law, and individual rights depend on the performance of that duty - those that impact individual liberties → those that impact individual liberties → individuals should be able to resort to laws for a remedy

Judicial Act of 1789

Establishes rules of the judiciary (one of congress’ major acts)

→ Section 13: gives the judiciary power to issue writs of mandamus to persons holding office in the US

→ Unconstitutional because of Article 3, Section 2 = Congress gave SC og jurisdiction over things that Constitution did not permit Congress to give

Marbury v. Madison (give me my commission) [1803]

Facts: In the final days of his presidency, John Adams appointed William Marbury as a justice of the peace, but his commission was not delivered before Thomas Jefferson took office. Jefferson’s Secretary of State, James Madison, refused to deliver it. Marbury petitioned the Supreme Court for a writ of mandamus to compel delivery under Section 13 of the Judiciary Act of 1789.

Holding: While Marbury had a right to his commission, the Court could not issue the writ because Section 13 of the Judiciary Act unconstitutionally expanded the Court’s original jurisdiction beyond what Article III permits.

• Establishes doctrine of judicial review, affirming that SC has the power to strike down laws that conflict with Constitution

Stuart v. Laird (1803)

Facts: After repealing the Judiciary Act of 1801—which had created new circuit courts and judges—Congress passed the Judiciary Act of 1802, returning to the old system and requiring Supreme Court justices to resume circuit-riding. The plaintiff challenged the constitutionality of this repeal and the legitimacy of a judgment issued by a circuit court under the old system, where Justice Marshall presided.

Holding (Paterson, J.): Congress has the power under Article III to create and dissolve lower federal courts (inferior tribunals) and to transfer cases between them. The repeal of the 1801 Act and the resulting changes were constitutional.

Significance: This case affirmed Congress’s authority over the structure of the federal judiciary, including its power to reorganize or eliminate lower courts—highlighting the flexibility built into Article III regarding inferior courts.

10th Amendment - Importance in Martin v. Hunter’s Lessee

Congress may constitutionally grant federal courts appellate jurisdiction over the decisions of state courts involving constitutional law, at least in civil cases

Martin v. Hunter’s Lessee [1816] (L for land titles in Virginia)

Facts: Lord Fairfax, a British subject, owned land in Virginia before the Revolutionary War. After the war, Virginia confiscated the land and sold it to Hunter. Fairfax’s heir, Martin, claimed it under the Treaty of Paris (1783), which protected British property. A conflict arose between Martin’s treaty-based claim and Virginia’s escheat to Hunter.

• Hunter won in Virginia court. Martin appealed under Judiciary Act of 1789, §25, allowing SCOTUS review of state decisions involving federal treaties. Justice Marshall recused (dubiously), and Story wrote the opinion

  Holding (Story, J.): Yes. SCOTUS has appellate jurisdiction over state court decisions under Article III, §2. Congress can constitutionally grant such power, even in civil cases, to ensure uniform interpretation of federal law.

• Reasoning:

  • The Constitution was established by the people, not the states.

  • If state courts had final say, the Constitution would splinter into multiple interpretations (13 then, 50 now).

  • Constitution’s language is meant to endure and adapt—not rigid but flexible in application.

Federal Congressional Power

ONLY the Federal Government (not states) can:

• make treaties

• Coin $$

• Enact bills of attainder or ex post facto laws

• Impair contracts

• Grant titles of nobility

• Tax imports or exports

• Keep troops or ships of war

• Enter into agreements with other states or foreign countries

• Engage in war (unless the United States is actually invaded or is in imminent danger]

Cohen v. Virginia

Congress may constitutionally grant federal courts appellate jurisdiction over the decisions of state courts in criminal cases where federal law is involved

McCulloch v. Maryland (1819) - most cited SCOTUS case [MLTS]

Facts: Congress chartered the 2nd Bank of the United States, and a branch opened in Maryland. MD passed a law imposing a tax on all banks not chartered by the state, specifically targeting this federal bank. McColloch, cashier of the Baltimore branch, refused to pay the tax.

Holding: Congress had power to incorporate a national bank, but MD did not have the power to tax it.

• N and P clause located among powers of Congress [Article I, Section 8], indicate an expansion not a restriction

  • Necessary means “useful” or “convenient”, not “absolutely necessary” → gives Congress the power to choose the means to execute its enumerate powers (liked axing, borrowing $$, regulating commerce)

    • HERE → power to create a corporation (like a bank) is a means to carry out legitimate ends within the scope of the Constitution

• Supremacy Clause → fed. laws made in pursuance of the Constitution are supreme and control state laws with which they conflict

  • Power to tax = power to destroy, so fi State were able tot ax fed things like the bank, they could control legitimate operations of the fed gov, which is sovereign within its sphere of action

  • Fed gov derives authority from people, not states

    • THEREFORE, state cannot tax a federal entity created to execute constitutional power

Intergovernmental Tax Immunity

Traditionally, States cannot tax the federal government or tis instrumentalities directly

• Courts have refined to relax this in the sense states can impose taxes on federal instrumentalities as long as it’s nondiscriminatory (treating state and fed entities the same) and does not interfere with essential federal functions

Supremacy Clause (Article 6)

The Constitution, and the law of the US shall be made in pursuance of, and all treaties made under authority of US will be the supreme law of the land that judges are bound by

Supremacy Clause - Preemption Types

Express, Conflict, Field, Regulatory

Express Preemption

When a federal law specifically provides that it preempts any state law

Conflict preemption

When its impossible to comply with both a federal and state law

Field preemption

When Congress regulates such an area so substantially that it has left no room to the states (e.g. nuclear power)

Regulatory preemption

When Congress has delegated to an administrative agency the power to make rules that affect one of the previous types of preemption (Express, Conflict, Field)

Arizona v. United States

Arizona SB 1370 → 4 provisions penalizing documenting immigrants

• Section 2 = officers must check status w/reasonable suspicion

  • Constitutionally upheld!

• Section 3 = state criminalization of unlawful presence

  • Unconstitutional!

• Section 5: State criminalization of unauthorized work

  • Unconstitutional!

• Section 6: States cannot authorize warrantless arrests for removability

  • No!

Term Limits v. Thornton (1995)

Facts: Ark State Leg passion ballot measure disallowing people to serve over 3 terms in National Congress, which is then challenged by a member of Congress.

Holding: Constitution bars states from imposing additional qualifications on candidates for federal office beyond those prescribed in the Qualifications Clauses for Article 1

• Justice Stevens did not GAF about 10th amendment power here, but looked at more McCulloch mindset in which fed power/structure come into play

• Members of Congress may be “chosen” by the states, BUT they serve the entire nation

  • Letting states create their own rules can mess up national structure that Framers set up

    • May move away from unified, national institution

• If this were to happen, an amendment to the US constitution needs to be made

Coinage Power of Congress (Article 1, Section 8)

Congress has the power to coin money, regulate the Value thereof, and of foreign coin, and fix the standard of weights and measures

OVERALL: Congress has the power to pass laws necessary to carry out its enumerated powers, and this allows implied powers not explicitly said if it helps to execute its duties

Paper Money Cases General Flow

The President can’t force paper money → Congress can force paper money if there’s a war/national emergency or aggregation → Actually, paper money is fine without emergency

Hepburn v. Griswold (187)

Lincoln wanted soldiers to accept paper money to satisfy the debts, since there was not enough gold and silver to go around. However, the dollar does not trade 1:1 with coins of the same value.

Holding: The President cannot create fiat money (paper $$) as part of coinage powers to satisfy debts OR force people to take their money.

Knox v. Lee (1871) {“Knocked” Griswold Out}

Confederacy sold Texan Northern sympathizers’ sheep where they wanted to pay the judgment in paper.

Holding: Congress can use the force of paper money to settle debts (very constitutional) because of 1) aggregation theory and 2) emergency constitutionalism.

• Allowed for emergency powers post Civil War

• Federal authority expands beyond what is is said in the constitution (broad expansion of Article 1, Section 8)

• Less about appropriateness and more about if it’s actually prohibited or unreasonable

Julliard v. Greenman (1884) [Julliard (expensive) + green man = $ allowed during no emergency]

Congress can issue paper money as legal tender even if there is no emergency

• Relied on the Necessary and Proper Clause + McCulloch → Powers should be interpreted broadly when necessary for national concerns

  • This case arose during peacetime

Necessary and Proper Clause (Article 1, Section 8)

Congress has the power to pass laws that are necessary and proper to carry out its enumerated, constitutional power through any convenient means

• Typically involves carrying into execution the powers of taxation, borrowing money and commerce

Fugitive Slave Clause (Article 4, Section 2)

If someone who is legally enslaved or bound to labor in one state and escapes to another state, they cannot become free just because they crossed into a slavery is illegal

→ they must be returned to the person who claims ownership or labor rights over them

Prigg v. Pennsylvania (Prigg the racist prick!)

Fugitive Slave Act (FSA) made it a federal crime to obstruct the recapture of fugitive slaves. PA had a state law making it a felony to kidnap Black people, including escaped slaves. Slave catchers came to PA to seize a woman and her child, and PA prosecuted.

Holding: PA’s law violates Constitution. Also, PA law is preempted by FSA. Constitution gives exclusive authority to fed gov. over capture and return of fugitive slaves.

Takeaways:

• Broad N+P clause application except applying it to Article 4

• States may assist fed enforcement if they want, but they cannot be forced to

• State/locals may refuse to enforce federal law, but cannot actively obstruct them

Commerce Clause (Article 1, Section 8, Clause 3)

Congress’ power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes

• If there is convenient way of implementing a treated signed by the US, there does not have not be any connection with commerce to prosecute for violating the Act

3 Interpretations of the Commerce Clause [Scope, Reach, Effect]

1. Scope → Commerce covers everything commercial: production, transport, sale (not just buying/sale)

2. Reach → Commerce extends beyond just between states, but doesn’t cover all internal/local commerce

3. Effect → Congress can regulate anything that affects interstate commerce, EVEN if it starts local

Gibbons v. Ogden (1824) {Foundation CC}

Facts: Ogden had a NY STATE-GRANTED monopoly for steamboats at the NY port. Gibbons got a FEDERAL license to run ships between NJ and NY (interstate).

Holding: Federal law preempts state law in the regulation of interstate commerce

• Commerce is a whole lot of things, not just “buying and selling” AND includes navigation of steamboats

  • Commerce = intercourse , includes navigation

• States’ Remaining Power:

  • Only over activities that are:

    • Completely within state

    • Do not affect other states

    • and when federal execution isn’t needed

US. Dewitt (1869) [Dangerous oil → state’s right to boil] {Foundation CC}

Congress tried to bar highly flammable oil, even though it is “intrastate”, trying to stimulate sale of other soil.

Holding: Congress can’t bar a substance just because it’s harmful bc this is interference on state police regulation

US v. EC Knight (1895) [Oh Mighty Knight, gimme a whole lot of suga ;)] {Foundation CC}

Large flour company wants to buy 4 competitors and assume 98% of the market. US gov tried to stop this saying it violates the Sherman Antitrust Act which aims to prevent monopolies.

Holding: Sherman Antitrust Act cannot be used to block monopoly bc manufacture falls under state police powers → Congress cannot regulate under CC

• If Congress could regulate this, they’d be able to regulate all intrastate activities (unlimited power over local businesses) [Apocalypse]

OVERTURNED later because of Congress’s powers over interstate commerce expanding

• Congress should be able to adjust to modern economic realties [trust Congress + let the end be legitimate]

Champion v. Ames (1903) {Lottery Tickets: no CHAMPION of $$] {Foundation CC}

Facts: Lottery tickets traveling by train from TX to CA. Violation of Federal Lottery Act which prohibited the buying and selling of lottery tickets across state lines.

Holding: Commerce clause allows Congress to prohibit items from entering the stream of commerce (commercial activity between states) based on morality

• As long as the item enters interstate commerce, it is allowed for regulation based on morality

• Power not restricted to “comemrcial goods”

• Justifying the regulation to ban it